purchased dis. ins. on mortgage and was then diagnosed with cancer, how to get them to cover?

All you need to do is call them. Ask if they received the claim, and what the status is.

I see three major problems:

1. Your disability occured within the first two years of your coverage. This means the insurer has the right to investigate your health history to make sure you provided all known health history on your application. If it finds you misrepresented your health, it can rescind the coverage and return your premiums. You would then have no disability coverage.

2. Your disability may be considered a pre-existing condition. If you had any symptoms or any initial workup prior to the effective date, your condition is pre-existing. The date of diagnosis isn't always the deciding factor in determining whether a condition pre-existed the effective date.

3. The vast majority of disability policies require a claimant to file a claim within a specified period, usually 90 days, from the start of a disability. If this is a requirement, it must be in the policy. A claim filed outside this timeliness period can be denied. Check the wording of your Certificate of Insurance for this provision. Many times, the provision will also say that the company must consider extenuating circumstances which prevented the claim from being filed timely. I suggest you submit a letter along with your claim that completely explains why the claim wasn't filed right away.

I advise you to contact the insurance department at your mortgage company and request a claim form. Then, go ahead and file your claim. An attorney is not needed at this time, as was suggested by another answerer. It's a bit premature for that. If your claim is denied, file a complaint with your state's insurance commissioner, which will conduct an investigation to ascertain the legality of the denial.

FYI, most mortgage policies require the insurer to pay benefits to the mortgage company.

I hope this helps.

Different provinces/states have different regulations regaring when an insurance company has to pay, etc. This often has a lot to do with WHEN the claim is filed. Some areas require that claims be filed within 90 days, others within 1 year. Your best bet is to check with your insurance company. If you are still not satisfied, check with the state/provincial review board to ensure that your company is following the guidelines as set out for them in your area. For anyone else out there, I'd suggest doing up an information guide for your family that details all the benefits / provisions you have for in case of emergency. Then if a situation like this arises, you can refer to your information guide and make claims right away (so you don't run the risk of forgetting and losing benefits).

Considering the amount of potential money this involves, you should seriously consider talking to an attorney who can look through your insurance and mortgage contracts and advice you about your legal position.

It doesn't make any sense to pose this as a general question. It's going to depend on the specific policy you signed with and the laws of the state you're in. Good luck.

At the time of your disability, as soon as you knew you would be unable to work,you or your wife should have contacted the mortgage company to let them know. You would have had to cover the first month of the mortgage and then the policy would have kicked in.

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